A.
The City of Nanticoke shall make the final determination on the continuing
maintenance responsibilities prior to final approval of the SWM site
plan. The City of Nanticoke may require a dedication of such facilities
as part of the requirements for approval of the SWM site plan. Such
a requirement is not an indication that the City of Nanticoke will
accept the facilities. The City of Nanticoke reserves the right to
accept or reject the ownership and operating responsibility for any
portion of the stormwater management controls. If the facility is
rejected by the City of Nanticoke, provisions shall be made to identify
the legal owner.
C.
Facilities, areas or structures used as stormwater management BMPs
shall be enumerated as permanent real estate appurtenances and recorded
as deed restrictions or conservation easements that run with the land.
D.
The O&M plan shall be recorded as a restrictive deed covenant
that runs with the land.
E.
The City of Nanticoke may take enforcement actions against an owner
for any failure to satisfy the provisions of this article.
The owner is responsible for O&M of the SWM BMPs. If the
owner fails to adhere to the O&M agreement, the City of Nanticoke
may perform the services required and charge the owner appropriate
fees. Nonpayment of fees may result in a lien against the property.
[Added 6-15-2022 by Ord. No. 4-2022]
For SWM site plans that involve subdivision and land development,
the applicant shall provide a financial guarantee to the municipality
for the timely installation and proper construction of all stormwater
management controls as required by the approved SWM site plan and
this chapter in accordance with the provisions of Sections 509, 510,
and 511 of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. §§ 10509, 10510,
and 10511, respectively.
